National Oceanic and Atmospheric Administration November 2022 – Federal Register Recent Federal Regulation Documents

NMFS is transferring a total of 57.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from both the Reserve category and the Harpoon category to the General category for the remainder of the 2022 fishing year. With this transfer, the adjusted General category December subquota, Reserve category quota, and Harpoon category quota will be 50.1 mt, 6 mt, and 76.4 mt respectively. This action accounts for the accrued overharvest from previous 2022 General category time period subquotas, and will further opportunities for General category fishermen to participate in the December General category fishery, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT.

NMFS publishes for public review and comment information regarding a permit application for transshipment of farmed salmon from aquaculture operations in Maine waters to processing plants in Canada by Canadian flagged vessels. The application for a transshipment permit is submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary for NMFS to make a determination that the permit application can be approved.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2022 Pacific ocean perch total allowable catch (TAC) in the Bering Sea subarea of the BSAI.

NMFS issues this notice to inform the public that there will be a decrease of the fee rate required to repay the reduction loan financing the non-pollock groundfish fishing capacity reduction program. Effective January 1, 2023, NMFS is decreasing the Loan A fee rate to $0.020 per pound to ensure timely repayment of the loan. The fee rate for Loan B will remain unchanged at $0.001 per pound. The decreased fee rate is due to the 15 percent increase in non-pollock groundfish Total Allowable Catch (TAC) for 2023 since the fee rate was raised in 2021.

The SEDAR 76 assessment of the South Atlantic stock of black sea bass will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

The National Oceanic and Atmospheric Administration, National Ocean Service has prepared a final programmatic environmental impact statement (PEIS) in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), to analyze the potential environmental impacts associated with NOS' recurring data collection projects to characterize submerged features (e.g., habitat, bathymetry, marine debris). The ``action area'' for these projects encompasses the United States (U.S.) territorial sea, the contiguous zone, the U.S. Exclusive Economic Zone (U.S. EEZ), U.S. rivers, States' offshore waters, and coastal and riparian lands. As part of the Proposed Action, NOS may use active acoustic equipment such as sub-bottom profilers, single beam and multibeam echo sounders, side-scan sonars, and Acoustic Doppler Current Profilers. The Final PEIS analyzes NOS data collection projects for a time period of five years. In preparing the Final PEIS, NOS has considered public comments received on the Draft PEIS, which was published in June 2021.

NMFS issues a proposed rule to implement Amendment 124 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). First, this proposed rule would amend regulations for the Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) Programs for pot gear configurations, pot gear tending and retrieval requirements, pot limits, and associated recordkeeping and reporting requirements. These changes would increase operational efficiency and flexibility for IFQ holders and CDQ groups. Second, this proposed rule would authorize jig gear as a legal gear type for harvesting sablefish IFQ and CDQ, increasing opportunities for entry-level participants. Third, this proposed rule would temporarily remove the Adak community quota entity (CQE) residency requirement for a period of five years. These actions are intended to promote the goals and objectives of the Northern Pacific Halibut Act of 1982, the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, GOA FMP, and other applicable laws.

This notice sets forth the schedule and proposed agenda for a meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on the Federal ocean exploration program, with a particular emphasis on the topics identified in the section on Matters to Be Considered.

The Groundfish Subcommittee of the Pacific Fishery Management Council's (Pacific Council) Scientific and Statistical Committee (SSC) will hold a virtual meeting to update the Accepted Practices Guidelines for Groundfish Stock Assessments document. The SSC Groundfish Subcommittee meeting is open to the public.

NMFS is proposing regulations under the Tuna Conventions Act of 1950, as amended (TCA), to revise in-season action announcement procedures for the commercial fisheries for Pacific bluefin tuna. This proposed rule would amend procedures to add notification of in-season action by direct emails to the affected public. In-season actions would be effective upon the earlier of either receipt of the notification by email or publication of the notice in the Federal Register. In-season actions would also be posted on the NMFS website. This proposed rule would also add a provision to the in-season action procedures to allow any Pacific bluefin tuna already on board a fishing vessel on the effective date of a notification of in-season action to be retained on board and landed or transshipped within 24 hours of the effective date of the in-season action.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

We, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have received separate ITP applications from the Oregon Department of State Lands (ODSL; applicant), associated with the Elliott State Research Forest HCP. The applications, including the HCP, have been submitted pursuant to Section 10 of the Endangered Species Act of 1973, as amended. The applicant is seeking authorization from FWS and NMFS (together, the Services) for the incidental take of three species expected to result from research and management-related activities on the Elliott State Forest in Coos and Douglas Counties, Oregon. These research and management activities include timber removal and infrastructure maintenance. FWS is the lead Federal agency under the National Environmental Policy Act (NEPA), and NMFS is a cooperating agency. The availability of the Draft Environmental Impact Statement was announced separately by FWS. NMFS is seeking public comments on the HCP.

Pursuant to the Federal Advisory Committee Act, the Under Secretary of Commerce for Oceans and Atmosphere (Under Secretary) announces the establishment of the Marine and Coastal Area-based Management Advisory Committee (MCAM AC). The MCAM AC shall advise the Under Secretary on science-based approaches to area-based protection, conservation, restoration, and management in coastal and marine areas, including the Great Lakes. The scope of the Committee's advice will include, but not be limited to, efforts consistent with the America the Beautiful initiative, as well as other relevant issues that may be requested by the Under Secretary. The MCAM AC shall terminate 2 years from the date of its charter's filing with the appropriate U.S. Senate and House of Representatives committees unless earlier terminated or renewed by the proper authority. This notice also requests nominations for membership on the MCAM AC (see ``Structure'' and ``Nominations and Applications'' below for more detail).

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in person meeting of its Spiny Lobster Advisory Panel (AP).

The Caribbean Fishery Management Council (CFMC) will hold the 180th public hybrid meeting to address the items contained in the tentative agenda included in the SUPPLEMENTARY INFORMATION.

The Mid-Atlantic Fishery Management Council's Atlantic Surfclam and Ocean Quahog Committee will hold a public meeting.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector fishery. This action is necessary to prevent exceeding the 2022 total allowable catch (TAC) of Pacific ocean perch in the CAI allocated to vessels participating in the BSAI trawl limited access sector fishery.

NMFS implements an accountability measure (AM) for the lane snapper commercial and recreational sectors in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary rule. NMFS has projected that the 2022 stock annual catch limit (ACL) for Gulf lane snapper has been reached. Therefore, NMFS closes the commercial and recreational sectors for Gulf lane snapper on November 15, 2022, and they will remain closed through the end of the current fishing year on December 31, 2022. These closures are necessary to protect the Gulf lane snapper resource.

NMFS has received a request from the U.S. Navy for authorization to take marine mammals incidental to the replacement of Pier 302 at Naval Base Point Loma in San Diego Bay, San Diego, CA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, one-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

Notice is hereby given that U.S. Geological Survey, Conte Anadromous Fish Research Laboratory, 1 Migratory Way, Turners Falls, MA 01376, (Responsible Party: Alexander Haro, Ph.D.), has requested a modification to scientific research Permit No. 22671-02.

This notice sets forth the schedule and proposed agenda for the meeting of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be Considered.

The Gulf of Mexico Fishery Management Council (Council) will hold a one-day in person meeting of its Coastal Migratory Pelagics (CMP) Advisory Panel (AP).

The Pacific Fishery Management Council's (Pacific Council) Ad Hoc Marine Planning Committee (MPC) will hold a public meeting.

The New England Fishery Management Council (Council) is scheduling a public webinar of its Scallop Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.